Default Judgement Flashcards
What is the purpose of default judgment?
A. To allow a claimant to obtain judgment without trial if the defendant fails to respond to the claim
B. To strike out the claim when it lacks merit
C. To enable the court to assess the validity of the claim before entering judgment
D. To require the claimant to prove their case fully before obtaining judgment
A. To allow a claimant to obtain judgment without trial if the defendant fails to respond to the claim
Explanation: Default judgment allows a claimant to obtain a court ruling in their favor when the defendant fails to acknowledge service or file a defence within the required time limits. It does not assess the merits of the case but rather relies on the defendant’s failure to act.
When can a claimant NOT obtain default judgment?
A. In a claim for an unpaid invoice
B. In a claim under the Consumer Credit Act 1974
C. In a claim where the defendant has filed an acknowledgment of service but no defence
D. In a claim for damages for breach of contract
B. In a claim under the Consumer Credit Act 1974
Explanation: Default judgment cannot be obtained in claims governed by the Consumer Credit Act 1974, as these require additional procedural safeguards to protect consumers. Part 8 claims and certain other claims specified in practice directions are also excluded.
What must the claimant show to obtain default judgment?
A. The defendant has failed to file an acknowledgment of service or a defence
B. The defendant has filed an acknowledgment of service but has not submitted evidence
C. The claim is under £10,000
D. The claimant has already applied for summary judgment
A. The defendant has failed to file an acknowledgment of service or a defence
Explanation: A claimant can apply for default judgment when the defendant has not responded by filing an acknowledgment of service or a defence within the required time limits. The court will check whether this condition is met before granting judgment.
A claimant has issued a claim for £50,000. The defendant has not responded within 14 days. What should the claimant do next?
A. Apply for summary judgment
B. Request default judgment for the specified amount
C. Request the court to strike out the defence
D. Wait until the time for filing a defence expires
B. Request default judgment for the specified amount
Explanation: In a claim for a specified amount of money, if the defendant fails to acknowledge service or file a defence within 14 days, the claimant can request default judgment by filing a request at court.
A defendant realizes they missed the deadline for filing an acknowledgment of service, and default judgment has been entered. What is their best course of action?
A. Accept the judgment and attempt to negotiate a settlement
B. Apply to set aside default judgment as soon as possible
C. File a defence late and expect the court to accept it
D. Wait until the claimant begins enforcement proceedings
B. Apply to set aside default judgment as soon as possible
Explanation: A defendant should act promptly to apply to set aside default judgment. If there is a real prospect of defending the claim, or another good reason, the court may grant relief. Delay in making the application can weaken the defendant’s position.
A claimant applies for default judgment, but the defendant had already filed an acknowledgment of service one day before. What will the court do?
A. Grant the default judgment anyway
B. Consider whether the defendant’s acknowledgment of service was properly filed
C. Refuse to enter default judgment
D. Proceed with the claim as if default judgment had been granted
C. Refuse to enter default judgment
Explanation: Default judgment can only be entered if the defendant has not filed an acknowledgment of service or defence within the time limits. If the defendant has filed on time, even by one day, the court must refuse default judgment.
A defendant applies to set aside a default judgment, arguing they have a defence. What must they show?
A. That they have a real prospect of successfully defending the claim or another good reason for setting judgment aside
B. That they have an arguable defence
C. That they did not intend to ignore the proceedings
D. That they are willing to settle the claim
A. That they have a real prospect of successfully defending the claim or another good reason for setting judgment aside
Explanation: Under CPR 13.3, the court may set aside a default judgment if the defendant shows a real prospect of successfully defending the claim or another good reason, such as procedural unfairness. Simply having an arguable defence is insufficient.
A defendant applies to set aside default judgment after a three-month delay. How will the court likely respond?
A. Refuse the application if the delay is unexplained
B. Automatically set aside the judgment
C. Ignore the delay if the defendant has a strong defence
D. Grant the application without a hearing
A. Refuse the application if the delay is unexplained
Explanation: The court considers delay when deciding whether to set aside default judgment. If the defendant waits too long and does not act promptly, the application may be refused, even if they have a defence.
A claimant wants to obtain default judgment against one of two defendants. When is this allowed?
A. If the claim against the two defendants is independent of each other
B. If the defendants are jointly liable
C. If the claim is for an unspecified amount
D. If the claim involves a counterclaim from the defendant
A. If the claim against the two defendants is independent of each other
Explanation: Default judgment can be entered against one defendant if the claim can be dealt with separately from the other. If the claim is dependent (e.g., joint liability), default judgment cannot be granted against only one defendant.
A default judgment includes a sum for interest. Under what condition is this allowed?
A. If the claimant’s particulars of claim included details of the interest being claimed
B. If the court determines the amount of interest separately
C. If the defendant failed to file an acknowledgment of service
D. If the claim is for an unspecified sum of money
D. If the claim is for an unspecified sum of money
Explanation: For specified claims, interest must be clearly stated in the particulars of claim (CPR 16.4). However, if the claim is unspecified, the court determines the interest separately before entering judgment.
